Skip to content

Case Detail

[Subscribe to updates]
Case TitleBESSON v. UNITED STATES DEPARTMENT OF COMMERCE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02527
Date Filed2018-10-22
Date Closed2021-05-03
JudgeJudge Amit P. Mehta
PlaintiffDAVID H. BESSON
Case DescriptionDavid Besson submitted a FOIA request to the Department of Commerce for records concerning the Cooperative Research and Development Agreement between Ligado Networks and the National Institute of Standards and Technology. The agency acknowledged receipt of the request and withheld some records under Exemption 4 (confidential business information). Benson filed an administrative appeal of the agency's decision, but after hearing nothing further from the agency, Benson filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF COMMERCE
DefendantLIGADO NETWORKS, LLC
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [38]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Department of Commerce properly withheld funding and technical equipment contributions from Ligado Networks, a private telecommunications company that received a Cooperative Research and Development Agreement from the National Institute of Standards and Technology under Exemption 4 (confidential business information), but found that the names of Ligado employees working on the project are not protected by either Exemption 4 or Exemption 6 (invasion of privacy). David Besson submitted a FOIA request for the agreement. The agency withheld information on financial and technical support Ligado provided to NIST as part of the project, as well as the names of Ligado employees under Exemption 4. Besson filed suit and Mehta gave the parties an opportunity to assess the effect of the recently decided Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019), in which the Supreme Court ruled that the competitive harm test was not supported by the plain language of Exemption 4. NIST continued to assert that Exemption 4 applied to the financial and technology data as well as the employees' names. The agency also argued that the employees' names were protected by Exemption 6 as well. Addressing the Exemption 4 claims, Mehta noted that "a company may have a commercial stake in requested information when its disclosure would cause commercial consequences." Regardless, Mehta pointed out that Ligado had not shown how disclosure of employees' names would cause commercial harm. He observed that "it is unclear what commercial consequences Ligado risks from disclosure of its employees' names." He added that "how disclosure would create insight into Ligado's business strategy or capabilities or any unique risk of poaching remains unexplained." Mehta then found that the other withheld information qualified as commercial under Exemption 4. He assessed whether the agency had provided Ligado with an assurance of confidentiality sufficient to meet the standard set out in Argus Leader Media. Finding the some portions were clearly confidential, Mehta indicated that "the agency bears the burden of establishing a FOIA exemption's applicability, and by injecting into the record the possibility that some portion of the Statement of Work is public, the agency fails to carry that burden here where it seeks to withhold the Statement of Work in its entirety." Mehta also rejected the agency's contention that the names of the Ligado employees were protected by Exemption 6. Instead, he noted that "Defendant has not established even a de minimis personal privacy interest in the names of Ligado employees appearing in the CRADA. Ligado itself disclaims any substantial personal privacy interest in the name of the person who signed the CRADA on Ligado's behalf." He pointed out that "there is nothing particularly controversial, political, or newsworthy about the CRADA or its subject matter, or the fact of being employed with Ligado �" at least nothing brought to the court's attention."
Issues: Exemption 6 - Invasion of privacy, Exemption 4 - Confidential business information
Opinion/Order [50]
FOIA Project Annotation: Judge Amit Mehta has ruled that the National Institute of Standards and Technology has shown that three redacted sentences from the Statement of Work for a cooperative research and development agreement between NIST and Ligado Networks, a private telecommunications company, are confidential for purposes of Exemption 4 (commercial and confidential). David Besson argued that the redacted information had been made public by Ligado. But Mehta observed that "plaintiff points to statements made by Ligado's CEO about the company's work with NIST, but he offers nothing to establish that the CEO's statements are 'duplicates' of what has been withheld from the Statement of Work. Plaintiff's indiscriminate listing of public statements by Ligado about its business activities similarly falls far short of satisfying his burden."
Issues: Exemption 4 - Confidential business information
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-221COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE ( Filing fee $ 400, receipt number 4616095260) filed by DAVID H. BESSON. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 11/05/2018)
2018-10-22SUMMONS Not Issued as to UNITED STATES DEPARTMENT OF COMMERCE (jf) (Entered: 11/05/2018)
2018-10-222MOTION to Compel by DAVID H. BESSON (jf) (Entered: 11/05/2018)
2018-10-223MOTION for CM/ECF Password by DAVID H. BESSON (jf) (Entered: 11/05/2018)
2018-11-05MINUTE ORDER granting 3 Motion for CM/ECF User Name and Password. Pro se Plaintiff may obtain a CM/ECF user name and password from the Clerk. Signed by Judge Amit P. Mehta on 11/05/2018. (lcapm1) (Entered: 11/05/2018)
2018-11-05MINUTE ORDER denying 2 Plaintiff's Motion to Compel Preparation of a Vaughn Index as premature. Plaintiff may renew the Motion, if appropriate, at a later time. Signed by Judge Amit P. Mehta on 11/05/2018. (lcapm1) (Entered: 11/05/2018)
2018-11-084AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF COMMERCE filed by DAVID H. BESSON. (Attachments: # 1 Exhibit 26OCT18 DOC letter denying FOIA appeal)(BESSON, DAVID) (Entered: 11/08/2018)
2018-11-09SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 11/09/2018)
2018-11-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/23/2018. (BESSON, DAVID) (Entered: 11/27/2018)
2018-11-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/23/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/23/2018. (BESSON, DAVID) (Entered: 11/30/2018)
2018-11-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF COMMERCE served on 11/23/2018 (BESSON, DAVID) (Entered: 11/30/2018)
2018-12-218NOTICE of Appearance by Matthew Evan Kahn on behalf of UNITED STATES DEPARTMENT OF COMMERCE (Kahn, Matthew) (Entered: 12/21/2018)
2018-12-219ANSWER to 4 Amended Complaint by UNITED STATES DEPARTMENT OF COMMERCE.(Kahn, Matthew) (Entered: 12/21/2018)
2018-12-2110ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before January 4, 2019. The Joint Status Report shall include (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see the attached Order for details. Signed by Judge Amit P. Mehta on 12/21/2018. (lcapm2) (Entered: 12/21/2018)
2018-12-21Set/Reset Deadlines: Joint Status Report due by 1/4/2019. (zjd) (Entered: 12/21/2018)
2019-01-0211Consent MOTION to Stay by UNITED STATES DEPARTMENT OF COMMERCE (Kahn, Matthew). Added MOTION for Extension of Time on 1/4/2019 (znmw). (Entered: 01/02/2019)
2019-01-0312Second MOTION for Vaughn Index by DAVID H. BESSON (Attachments: # 1 Exhibit NASCTN GPS Project Final Briefing, # 2 Exhibit June 2017 Briefing to PNT Advisory Board, # 3 Exhibit NASCTN Report 1 Impact of LTE on GPS (Introduction and Parts 1-2), # 4 Exhibit Measurement Data Request Form, # 5 Exhibit Revised Test Plan, # 6 Exhibit Draft Test Plan, # 7 Exhibit Adjudicated Comments)(BESSON, DAVID) (Entered: 01/03/2019)
2019-01-07MINUTE ORDER granting 11 Defendant's Consent Motion for a Stay of Proceedings. This matter is hereby stayed. Within three business days of Department of Justice operations resuming, Defendant shall notify the court by when the parties will file their Joint Status Report. Signed by Judge Amit P. Mehta on 01/07/2019. (lcapm1) (Entered: 01/07/2019)
2019-01-3013Joint STATUS REPORT and Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF COMMERCE. (Kahn, Matthew) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER setting the following schedule for further proceedings in this matter: Plaintiff's Motion for Summary Judgement shall be due by February 8, 2019; Defendant's Opposition and Cross Motion for Summary Judgement shall be due by March 1, 2019; Plaintiff's Reply and Opposition shall be due by March 15, 2019; and Defendant's Reply shall be due March 29, 2019. Signed by Judge Amit P. Mehta on 01/30/2019. (lcapm1) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due by 2/8/2019. Defendant's Opposition and Cross Motion due by 3/1/2019. Plaintiff's Reply and Opposition due by 3/15/2019. Defendant's Reply due by 3/29/2019. (zjd) (Entered: 02/05/2019)
2019-02-0714MOTION for Summary Judgment by DAVID H. BESSON (BESSON, DAVID) (Entered: 02/07/2019)
2019-02-0815STRICKEN PURSUANT TO MINUTE ORDER FILED 2/12/2019.....ORDER advising Plaintiff to respond by March 1, 2019, to Defendant United States Department of Commerce's 14 Motion for Summary Judgment or risk summary judgment in Defendant's favor. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 02/08/2019. (lcapm1) Modified on 2/12/2019 (zjd). (Entered: 02/08/2019)
2019-02-12MINUTE ORDER directing the clerk to strike and the parties to disregard the February 8, 2019 Order, ECF No. 15, as entered in error. Signed by Judge Amit P. Mehta on 02/12/2019. (lcapm1) (Entered: 02/12/2019)
2019-03-0116Memorandum in opposition to re 14 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Table of Contents, # 2 Table of Authorities, # 3 Memorandum in Support, # 4 Statement of Facts, # 5 Declaration, # 6 Exhibit A1, # 7 Exhibit A2, # 8 Exhibit A3, # 9 Exhibit A4, # 10 Exhibit A5, # 11 Exhibit A6, # 12 Text of Proposed Order, # 13 Certificate of Service)(Kahn, Matthew) (Entered: 03/01/2019)
2019-03-0117Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE. (See Docket Entry 16 to view document) (jf) (Entered: 03/04/2019)
2019-03-04NOTICE OF ERROR re 16 Memorandum in Opposition; emailed to matthew.kahn@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE - Counsel is reminded to docket all parts of their pleading(s) (zjf, ) (Entered: 03/04/2019)
2019-03-0418NOTICE of Pending Supreme Court Case by UNITED STATES DEPARTMENT OF COMMERCE re 17 MOTION for Summary Judgment, 16 Memorandum in Opposition, (Attachments: # 1 Certificate of Service)(Kahn, Matthew) (Entered: 03/04/2019)
2019-03-0519ERRATA by UNITED STATES DEPARTMENT OF COMMERCE 18 Notice (Other) filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Brief, # 2 Certificate of Service)(Kahn, Matthew) (Entered: 03/05/2019)
2019-03-0620ORDER advising Plaintiff to respond by March 15, 2019, to Defendant United States Department of Commerce's 17 Cross-Motion for Summary Judgment or risk summary judgment in Defendant's favor. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/06/2019. (lcapm1) (Entered: 03/06/2019)
2019-03-06Set/Reset Deadlines: Plaintiff's Response due by 3/15/2019. (zjd) (Entered: 03/10/2019)
2019-03-1521RESPONSE re 17 Cross MOTION for Summary Judgment by DAVID H. BESSON (BESSON, DAVID) Modified event title and link on 3/18/2019 (znmw). (Entered: 03/15/2019)
2019-03-1522REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by DAVID H. BESSON. (See Docket Entry 21 to view document). (znmw) (Entered: 03/18/2019)
2019-03-2923Consent MOTION for Extension of Time to File Reply by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Kahn, Matthew) (Entered: 03/29/2019)
2019-04-01MINUTE ORDER granting 23 Defendant's Consent Motion for Extension of Time. Defendant shall file a Reply in Support of Defendant's Cross-Motion for Summary Judgment on or before April 3, 2019. Signed by Judge Amit P. Mehta on 04/01/2019. (lcapm1) Modified on 4/1/2019 (lcapm1, ). (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines: Reply to Cross Motion due by 4/3/2019. (kh) (Entered: 04/01/2019)
2019-04-0324REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Statement of Facts)(Kahn, Matthew) (Entered: 04/03/2019)
2019-09-2725NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of UNITED STATES DEPARTMENT OF COMMERCE Substituting for attorney Matthew Evan Kahn (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 09/27/2019)
2019-10-0926ORDER denying parties' cross-motions for summary judgment, ECF Nos. 14, 17. See attached order for additional details. Signed by Judge Amit P. Mehta on 10/09/2019. (lcapm1) (Entered: 10/09/2019)
2019-10-09Set/Reset Deadlines: Renewed Summary Judgment Motion due by 11/8/2019. (nbn) (Entered: 10/10/2019)
2019-11-0627Consent MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 11/06/2019)
2019-11-07MINUTE ORDER granting Defendant's 27 Consent Motion for Extension of Time. Defendant's Renewed Motion for Summary Judgment shall now be due by November 20, 2019. Signed by Judge Amit P. Mehta on 11/07/2019. (lcapm1) (Entered: 11/07/2019)
2019-11-13Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment due by 11/20/2019. (zjd) (Entered: 11/13/2019)
2019-11-2028MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Statement of Facts, # 2 Fletcher Declaration and Exhibits, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 11/20/2019)
2019-11-2129ORDER advising Plaintiff to respond by December 20, 2019, to Defendant United States Department of Commerce's 28 Renewed Motion for Summary Judgment or risk summary judgment in Defendant's favor. Plaintiff shall also file any cross-motion for summary judgment by December 20, 2019. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/21/2019. (lcapm1) (Entered: 11/21/2019)
2019-11-21Set/Reset Deadlines: Plaintiff's Response and Cross-Motion due by 12/20/2019. (zjd) (Entered: 11/22/2019)
2019-12-1930Consent MOTION for Extension of Time to File Defendant's Combined Reply and Opposition to Any Cross-Motion for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 12/19/2019)
2019-12-19MINUTE ORDER granting Defendant's 30 Consent Motion for Extension of Time. Defendant shall file its combined reply in further support of its renewed motion for summary judgment and opposition to any cross-motion for summary judgment by January 15, 2020. Signed by Judge Amit P. Mehta on 12/19/2019. (lcapm1) (Entered: 12/19/2019)
2019-12-19Set/Reset Deadlines: Defendant's Reply and Opposition due by 1/15/2020. (zjd) (Entered: 12/20/2019)
2019-12-2031Memorandum in opposition to re 28 MOTION for Summary Judgment filed by DAVID H. BESSON. (Attachments: # 1 Exhibit FCC Ex Parte)(BESSON, DAVID) (Entered: 12/20/2019)
2019-12-2032Cross MOTION for Summary Judgment by DAVID H. BESSON (Attachments: # 1 Exhibit FCC Ex Parte)(BESSON, DAVID) (Entered: 12/20/2019)
2020-01-1533Memorandum in opposition to re 32 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 01/15/2020)
2020-01-1534REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 01/15/2020)
2020-05-0135ENTERED IN ERROR.....RESPONSE re 34 Reply to opposition to Motion, filed by DAVID H. BESSON. (Attachments: # 1 Exhibit FCC Authorization 20-48, # 2 Exhibit Boston Globe Article)(BESSON, DAVID) Modified on 5/5/2020 (eg). (Entered: 05/01/2020)
2020-05-05NOTICE OF CORRECTED DOCKET ENTRY: re 35 Response to Document was entered in error and will not be refiled. Leave of court must be granted to file a surreply. (eg) (Entered: 05/05/2020)
2020-05-0736MOTION for Leave to File Surreply to Defendant's Response by DAVID H. BESSON (Attachments: # 1 Exhibit FCC Authorization, # 2 Exhibit Boston Globe Article)(BESSON, DAVID) (Entered: 05/07/2020)
2020-05-26MINUTE ORDER granting as unopposed Plaintiff's 36 Motion for Leave to File Surreply. The clerk of court shall accept Plaintiff's Surreply for filing. Signed by Judge Amit P. Mehta on 5/26/2020. (lcapm1) (Entered: 05/26/2020)
2020-05-2637SURREPLY to re 28 MOTION for Summary Judgment filed by DAVID H. BESSON. (Attachment: # 1 Exhibits)(eg) (Main Document 37 replaced on 5/29/2020) (zeg). (Entered: 05/29/2020)
2020-08-0538MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 28 Renewed Motion for Summary Judgment, and granting in part and denying in part Plaintiff's 32 Renewed Cross-Motion for Summary Judgment. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 8/5/2020. (lcapm1) (Entered: 08/05/2020)
2020-08-05Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 9/4/2020. (zjd) (Entered: 08/06/2020)
2020-09-0439MOTION for Order In Camera Review by DAVID H. BESSON (Attachments: # 1 Exhibit Updated CRADA, # 2 Exhibit DoC First Email Exchange, # 3 Exhibit DoC Second Email Exchange)(BESSON, DAVID) (Entered: 09/04/2020)
2020-09-08MINUTE ORDER. In its Memorandum Opinion and Order dated August 5, 2020, ECF No. 38 , the court afforded Defendant the opportunity to renew its motion for summary judgment with respect to certain information contained in the Statement of Work that might be in the public domain by September 4, 2020, or to disclose that information, see id. at 10, 16. Defendant did not file a renewed motion by September 4, 2020, but on that date Plaintiff filed a Motion for In Camera Review, ECF No. 39 . To assist the court in understanding the present posture of the case, Defendant shall file a Status Report by September 15, 2020, setting forth (1) what actions it took following the court's summary judgment ruling, (2) whether it intends to move for summary judgment as to any remaining withholdings, and (3) by what date it intends to respond to Plaintiff's motion. Signed by Judge Amit P. Mehta on 9/8/2020. (lcapm1) (Entered: 09/08/2020)
2020-09-08Set/Reset Deadlines: Defendant's Status Report due by 9/15/2020. (zjd) (Entered: 09/09/2020)
2020-09-1540STATUS REPORT by UNITED STATES DEPARTMENT OF COMMERCE. (Yee, Marsha) (Entered: 09/15/2020)
2020-09-16MINUTE ORDER. Defendant shall file its renewed motion for summary judgment and its opposition to Plaintiff's motion for in camera review by October 6, 2020. Plaintiff shall file his combined opposition to Defendant's renewed motion and reply in support of his motion by October 27, 2020. Defendant shall file its reply in support of its renewed motion by November 17, 2020. Signed by Judge Amit P. Mehta on 9/16/2020. (lcapm1) (Entered: 09/16/2020)
2020-09-16Set/Reset Deadlines: Renewed Motion for Summary Judgment Motion and Opposition due by 10/6/2020. Opposition and Reply due by 10/27/2020. Reply due by 11/17/2020. (zjd) (Entered: 09/17/2020)
2020-10-0641Third MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF COMMERCE (Attachments: # 1 Statement of Facts, # 2 Fletcher Decl. dated Oct. 6, 2020, # 3 Ligado Decl. dated Oct. 6, 2020, # 4 Text of Proposed Order)(Yee, Marsha) (Entered: 10/06/2020)
2020-10-2342MOTION to Intervene by Ligado Networks, LLC (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Rule 26.1 Statement, # 4 Text of Proposed Order, # 5 Proposed Answer)(Brugato, Thomas) (Entered: 10/23/2020)
2020-10-26MINUTE ORDER. Plaintiff shall file any opposition to the Motion to Intervene by Ligado Networks, LLC, by October 30, 2020. Any reply shall be filed by November 5, 2020. Signed by Judge Amit P. Mehta on 10/26/2020. (lcapm1) (Entered: 10/26/2020)
2020-10-26Set/Reset Deadlines: Opposition due by 10/30/2020. Reply due by 11/5/2020. (zjd) (Entered: 10/27/2020)
2020-10-2843Memorandum in opposition to re 41 Third MOTION for Summary Judgment filed by DAVID H. BESSON. (BESSON, DAVID) Modified docket event/text on 10/30/2020 (eg). (Entered: 10/28/2020)
2020-10-2844Cross MOTION for Summary Judgment by DAVID H. BESSON (View Docket Entry 43 to view Document). (eg) (Entered: 10/30/2020)
2020-10-3045Memorandum in opposition to re 42 MOTION to Intervene filed by DAVID H. BESSON. (BESSON, DAVID) Modified docket event/text on 11/2/2020 (eg). (Entered: 10/30/2020)
2020-11-02MINUTE ORDER granting Motion for Leave to Intervene by Ligado Networks, LLC, ECF No. 42 . A third party's "interest in 'preventing the disclosure of... confidential information is a well-established interest sufficient to justify intervention under Rule 24(a).'" Gov't Accountability Project v. FDA, 181 F. Supp. 3d 94, 96 (D.D.C. 2015) (quoting 100Reporters LLC v. Dep't of Justice, 307 F.R.D. 269, 275 (D.D.C. 2014)). Ligado therefore has the right to intervene to protect claimed confidential information. Plaintiff's assertion that the information at issue is no longer confidential is a merits issue and does not negate or undermine Ligado's right to intervene. Furthermore, Plaintiff will not be prejudiced by Ligado's entry as an intervenor. Ligado seeks only to file a reply brief on the same schedule presently entered, and Ligado has promised not to raise any new claims or challenge any prior rulings. To the extent Ligado raises any new or novel issues in its reply, the court will consider allowing Plaintiff to file a surreply. Signed by Judge Amit P. Mehta on 11/2/2020. (lcapm1) (Entered: 11/02/2020)
2020-11-0246ANSWER to 4 Amended Complaint by LIGADO NETWORKS, LLC.(eg) (Entered: 11/04/2020)
2020-11-1247REPLY to opposition to motion re 41 Third MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Fletcher Nov. 5, 2020, Decl., # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 11/12/2020)
2020-11-1248Memorandum in opposition to re 44 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF COMMERCE. (Attachments: # 1 Fletcher Nov. 5, 2020, Decl., # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 11/12/2020)
2020-11-1749REPLY to opposition to motion re 41 Third MOTION for Summary Judgment filed by LIGADO NETWORKS, LLC. (Brugato, Thomas) (Entered: 11/17/2020)
2021-05-0350MEMORANDUM OPINION re: 39 Plaintiff's Motion for In Camera Review, 41 Defendant's Third Motion for Summary Judgment, 44 Plaintiff's Cross-Motion for Summary Judgment. See the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 5/3/2021. (lcapm1) (Entered: 05/03/2021)
2021-05-0351ORDER. For the reasons stated in the 38 Memorandum Opinion and Order and 50 Memorandum Opinion, the court enters judgment in favor of Defendant as to its Exemption 4 withholdings, except as to those portions of the CRADA already disclosed to Plaintiff, whether by court order or otherwise. Plaintiff's 39 Motion for In Camera Review and 44 Cross-Motion for Summary Judgment are denied. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 5/3/2021. (lcapm1) (Entered: 05/03/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar